Valid H1B Visa - For a comletely disolved company--- Is it possible to Transfer H1
Oct 23rd 2002, 1:37 am
#1
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Joined: Oct 2002
Posts: 17
Valid H1B Visa - For a comletely disolved company--- Is it possible to Transfer H1
Can any immigartion expert advise me about the following:
1. A person who is on Valid H1B Visa , if his company is completely disolved because of the lack of business. Can that person transfer his Visa to another Company ( i.e after disolving the company)?
Any particular time period is involved with in which he has to complete the process before becoming ILLEGAL.
2. What is the latest " Visa Transfer Fee " from H1B to H1B and what are the documents required in this regard from the employer whose Visa is being held by the employee .?
Thank you for your guidance .
1. A person who is on Valid H1B Visa , if his company is completely disolved because of the lack of business. Can that person transfer his Visa to another Company ( i.e after disolving the company)?
Any particular time period is involved with in which he has to complete the process before becoming ILLEGAL.
2. What is the latest " Visa Transfer Fee " from H1B to H1B and what are the documents required in this regard from the employer whose Visa is being held by the employee .?
Thank you for your guidance .
Oct 23rd 2002, 6:41 pm
#2
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Re: Valid H1B Visa - For a comletely disolved company--- Is it possible to Transfer H1
> Can any immigartion expert advise me about the following:
I am not an expert by any means, but I'll opine anyway, based on what I've
learned from this newsgroup so far. I suggest you do a search on good for
"H1-B transfer". You should find many informative sites. Meanwhile...
> 1. A person who is on Valid H1B Visa , if his company is completely
> disolved because of the lack of business. Can that person transfer
> his Visa to another Company ( i.e after disolving the company)?
> Any particular time period is involved with in which he has to complete
> the process before becoming ILLEGAL.
The INS doesn't care about your reason for no longer being employed.
Whether you were laid off or fired, you are "out of status" the minute your
H1-B employment ends. If you remain in the US while out of status for X
months, you are subject to being denied entry in the future for Y years. I
can't remember the X and Y right now. I think it's something like 12 months
and 10 years, i.e., if you're out of status for 12 months you will be denied
entry for 10 years. You can remain out of status for several weeks without
jeopardizing your application for a visa transfer. I've heard people give 2
months as a rule of thumb for not jeopardizing your visa transfer. As far
as I know, there is not set law or policy, and the longer you stay
unemployed the greater your risk of having your visa transfer denied.
> 2. What is the latest " Visa Transfer Fee " from H1B to H1B and what are
> the documents required in this regard from the employer whose Visa is
> being held by the employee .?
I believe you don't need any document from the former employer. Your new
employer files for a visa transfer on your behalf. As for the cost... I
believe the INS fees are about $1200 and a lawyer would cost something like
$1000-$2000.
Someone please correct any inaccuracies in the above.....
-John
I am not an expert by any means, but I'll opine anyway, based on what I've
learned from this newsgroup so far. I suggest you do a search on good for
"H1-B transfer". You should find many informative sites. Meanwhile...
> 1. A person who is on Valid H1B Visa , if his company is completely
> disolved because of the lack of business. Can that person transfer
> his Visa to another Company ( i.e after disolving the company)?
> Any particular time period is involved with in which he has to complete
> the process before becoming ILLEGAL.
The INS doesn't care about your reason for no longer being employed.
Whether you were laid off or fired, you are "out of status" the minute your
H1-B employment ends. If you remain in the US while out of status for X
months, you are subject to being denied entry in the future for Y years. I
can't remember the X and Y right now. I think it's something like 12 months
and 10 years, i.e., if you're out of status for 12 months you will be denied
entry for 10 years. You can remain out of status for several weeks without
jeopardizing your application for a visa transfer. I've heard people give 2
months as a rule of thumb for not jeopardizing your visa transfer. As far
as I know, there is not set law or policy, and the longer you stay
unemployed the greater your risk of having your visa transfer denied.
> 2. What is the latest " Visa Transfer Fee " from H1B to H1B and what are
> the documents required in this regard from the employer whose Visa is
> being held by the employee .?
I believe you don't need any document from the former employer. Your new
employer files for a visa transfer on your behalf. As for the cost... I
believe the INS fees are about $1200 and a lawyer would cost something like
$1000-$2000.
Someone please correct any inaccuracies in the above.....
-John
Oct 23rd 2002, 7:24 pm
#3
Just Joined
Joined: Oct 2002
Posts: 11
Re: Valid H1B Visa - For a comletely disolved company--- Is it possible to Transfer H1
As far as I know, ur tranfser should start within next 30 days of your termination from one company... but there's no hard and fast rule... and as stated even by lawers, its a grey area.
Yes !! you don't need any document from your previous employer except the last salary slip, to mention till what date you were with that company.
Guys I also have a question regarding H4.. posted as a separate thread. See if you can help me on that. Thanx
Yes !! you don't need any document from your previous employer except the last salary slip, to mention till what date you were with that company.
Guys I also have a question regarding H4.. posted as a separate thread. See if you can help me on that. Thanx
